H1b cap filled- suggest options for OPT expiring by jan 2013

[sujathg]

Hi,

My brother failed to apply for H1b this year as the cap is over. His OPT will be expiring by Jan 2013. Please suggest options on what he can do to continue his stay in US.

Thanks.

[kabkaba]

Is he eligible for STEM extension?

[sujathg]

No..he is not eligible

[kaluram]

If the employer is a big enough MNC with branches abroad, they can transfer him to an international branch and then apply for his H1B in the following year. I've seen several people do this successfully people at big companies and then bring him back. Obviously this depends on how kind the employee's manager is, how well do they value that relationship and the contributions by the employee. YMMV.

Given there is a lot of time until Jan, I'd recommend your brother to really kill it and work harder & smarter to really get up and make his contributions really be visible in the org he works in. This is the only way they'll make exceptions and go above and beyond for him. Just my 2 cents.